Part 2Sale and supply of alcohol generally
Licensing bodies: District licensing committees
198Delegation of functions, duties, or powers of chief executives
While he or she has the territorial authority's general authority to do so, a chief executive may delegate to any person, either generally or particularly, any of the chief executive's functions, powers, and duties under this Act.
The chief executive must not delegate a general power of delegation.
A person to whom a chief executive delegates a function, power, or duty under subsection (1) may delegate the function, power, or duty only with the prior written consent of the chief executive.
A delegation—
- must be in writing; and
- may be made subject to any restrictions and conditions that the chief executive thinks fit; and
- must state each function, power, or duty being delegated; and
- is revocable at any time, in writing; and
- does not prevent the performance of a function or duty or exercise of any power by the chief executive.
Copies of all delegations must be kept in the office of the territorial authority and be available for inspection during ordinary business hours.
A person to whom any functions, duties, or powers are delegated may perform those functions and duties and exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
Until a delegation is revoked, it continues in force according to its tenor.
A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.